Landlord-Tenant Law

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“The law does not allow a tenant to occupy premises rent-free simply because the lease is void and unenforceable.”

(Justice Rebecca Bradley, writing for the majority in  Koble Investments v. Marquardt, 2026 WI 19, ¶ 28.)

On Friday, June 5, 2026, the Wisconsin Supreme Court (hereinafter “Court”) issued its opinion in the case of Koble Investments v. Elicia Marquardt, et al.[i]. The case had been pending before the Court since May 2024, after the District III Court…
Continue Reading Wisconsin Supreme Court Hands Landlords a Win in Koble Investments v. Marquardt

On June 5, 2026, the Wisconsin Supreme Court issued its decision in Koble Investments v. Marquardt, 2026 WI 19, reversing a court of appeals ruling that had unsettled residential landlord-tenant law across the state. The Court of Appeals originally held that a residential lease is a “consumer transaction” subject to the Wisconsin Consumer Act (“WCA”) debt-collection prohibitions and that the lease was void and unenforceable under Wis. Stat. § 704.44(10) and Wis. Admin Code § ATCP 134.08(10), exposing landlords…
Continue Reading Wisconsin Supreme Court Confirms the Consumer Act Does Not Govern Residential Leases

For a brief period in Wisconsin, owning rental housing carried significant legal risk. After the Court of Appeals decision in Koble Investments v. Marquardt, litigation spread across the state. In more than 60 cases, tenants invoked Koble, and class actions followed. What began as a single appellate decision quickly became a statewide liability issue for landlords.

The Wisconsin Supreme Court’s reversal did more than correct an error. It halted a cascade that was already affecting the housing market.
Continue Reading Wisconsin Supreme Court Restores Balance in Landmark Koble Housing Case

A tenant starts to notice little red marks on her body. Unsure where they came from, she assumes it was a mosquito bite or something innocuous. But she also overheard in the lobby that someone else in the building might have bed bugs. A few days pass, but now there are even more red marks. And the kids have the bite marks too. This family’s worst fears have come true.

The mom Googles “how to get rid of bed…
Continue Reading Infestation Injustice

Wis. Stat. chapter 704 and Wis. Admin. Code chapter ATCP 134 govern landlord tenant law in Wisconsin. However, municipalities throughout Wisconsin have enacted their own ordinances that create variations in the Wisconsin statutes and administrative code.

It is important to understand local ordinances when practicing landlord tenant law in Wisconsin. These variances may provide additional protections to tenants or require specific procedures for landlords or tenants in relation to disputes regarding the rented premises.
An Example: Repairs
Repairs at

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Continue Reading Variations in the Legal Rights of Residential Landlords and Tenants

A recent Wisconsin Court of Appeals case complicates residential leases by applying the Wisconsin Consumer Act (WCA) to residential leases and uniquely calculating pecuniary loss under Wis. Stat. section 100.20(5) for a violation of Wis. Admin. Code § ATCP 134.08(10).

The case is Koble Investments v. Marquardt.1 A petition to review the decision is currently pending before the Wisconsin Supreme Court.

Landlords and tenants alike should be aware of its holding, as it has the potential to significantly

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Continue Reading Koble Investments, the Wisconsin Consumer Act, and Residential Leases

I originally wrote this post in 2018. While I don’t love utilizing old blog posts, this is an important topic and the fact that more tenants don’t know their rights/get caught in these trap doors, is a personal pet peeve. With COVID dollars drying up and evictions back in person in Milwaukee County, I thought it was a good time to dust off this post and re-visit it.

In Wisconsin, there are plenty of “gotchas” or “trap doors” in…
Continue Reading Rent Never Abates to Zero and Other Tips for Tenants (again!)

A common call into our office is one from a residential landlord wondering what to do in the following scenario: a tenant moved out at the end of their lease, but they left a lot of property behind, and the landlord is wondering what their options are.

Security Deposit

The magic number to remember for security deposits is 21. A landlord must return any amount of the security deposit not withheld, plus an accounting for any withholdings from the…
Continue Reading Security Deposits and Abandoned Property: Post-Tenancy Considerations